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(영문) 서울중앙지방법원 2014.02.12 2013가단267118
부인결정에대한이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to the claims filed by this Court for denial, this Court shall have jurisdiction over September 2013.

Reasons

1. Basic facts

A. The debtor B Co., Ltd. (hereinafter “debtor”) borrowed KRW 300 million on November 9, 201 from the Plaintiff, KRW 11.7 billion on the same month, and KRW 1.4 billion on January 2, 2012, and was liable for the debt of KRW 1.4 billion on the loan. On November 10, 2011, the Plaintiff entered into a contract to set up a pledge on KRW 18,000 of the shares issued by the Future Biotechnology Co., Ltd. (hereinafter “unborn”) as a security for the debt of the loan, and the share certificates were not issued.

B. Meanwhile, the debtor company from January 17, 201 to the same year

7. During the period of 14.1, the Plaintiff and the representative director of Nonparty D Co., Ltd. (hereinafter “D”) are the same and are affiliates closely related to the same business system.

On March 28, 2012, the borrower borrowed money several times and repaid part of the borrowed money, and on March 28, 2012, the debt of the borrowed amount remains in KRW 2 billion, and on January 27, 2012, the borrower entered into a contract with D as a collateral for the debt of the borrowed amount, establishing a pledge on 22,00 shares issued by D as a collateral for the debt of the borrowed amount.

C. In relation to each of the above pledge contracts, there was no consent from the person who has not yet been given a fixed date notice or by a certificate with a fixed date from the date of birth

Since the Plaintiff failed to meet the requirements for setting up a pledge on the shares issued in the instant case, the Plaintiff is in the position of a general creditor who is not a secured party at the time of the instant contract for acquisition of shares.

On March 28, 2012, the debtor company entered into a share acquisition agreement with the Plaintiff and D, stating that “In lieu of repayment of KRW 2.4 billion among the debt borrowed from the Plaintiff and D, the debtor company will transfer 40,000 shares issued by the debtor company to the Plaintiff and D (hereinafter “instant share acquisition agreement”). On April 3, 2012, the debtor company notified the non-resident company of the transfer of the said shares.

E. The plaintiff and D around that time are 40,000 shares of the above non-new shares 6.

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